Friday, 12 February 2010



Nicholas Mujah, representative from Sarawak Dayak Iban Association (SADIA)

picture from Where is democracy?

Thursday, 11 February 2010

PRESS RELEASE - Orang Asal rep kicked out from participating in public forum

For Immediate Release


Orang Asal representative got kicked out from participating a public forum

11 February 2010

Jaringan Orang Asal SeMalaysia (JOAS) strongly condemns the discriminating act by the Prime Minister’s Department in dispelling a community representative from participating in the public forum that was organised by the department that aims to gather information and feedbacks on numerous issues so as to understand and resolve the perennial problems of the people.

Nicholas Mujah, a representative of the Sarawak Dayak Iban Association (SADIA) was asked to leave the forum for no apparent reason by the organisers.

The Sarawak Lab, part of the national circuit, was held on 9 February 2010, at Pullman Hotel Kuching and was chaired by Idris Jala.

Participants include senior government officers consisting of officers from various ministries, Resident and District Officers and the Sarawak Attorney General. Various plantation companies were also present as well as community chiefs and a few individuals who were interested in the public forum. Participants took part in three discussion labs; socio economic, native customary rights (NCR) and the Native Court.

One of the feedbacks from the NCR group was given by Hassan Sui who addressed the disputes caused by the lack of accountability and transparency of government agencies such as the Land and Survey Department as well as plantation companies such as Pelita, and shared his recommendations. Another feedback by Temenggong Stephen Jussem stated that the ongoing manipulation and intimidation against the Tuai Rumahs to certify native land and boundaries, should stop.

Mujah had already participated for the first part of the forum in the morning session. During the morning tea break, he was pulled by one of the organisers to a room and was told to leave the forum as the event is only for invited participants and government officials.

Mujah protested that the forum is for the public and continued to insist that he should be in the forum. However, the organisers later told Mujah that the directive to eject him out of the forum came from the top.

The organisers of the forum were wrong in ejecting Mujah out. Mujah, a well-known community representative and NCR activist, in advocating Orang Asal rights plays an important role in providing feedback as well as recommendations for this public forum. He should not be stopped from attending the forum, unless the Prime Minister’s Department is not serious in addressing this issue and this event is just another window dressing for the public.

JOAS questions the accountability of the public forum that does not include the participation of a community representative and organisers that lacks of responsibility to be inclusive of all rakyat so as to ensure a transparent and open public forum to discuss upon the most important issues that are faced by the indigenous peoples of Sarawak today.

Until the government moves forward towards a meaningful solution with the full and effective participation and the free, prior and informed consent of the Orang Asal as enshrined in the United Nations Declaration on the Rights of the Indigenous Peoples (UNDRIP), NCR land disputes will continue to take place throughout the state, to the detriment of the rights of the indigenous peoples of Sarawak, the sustainable development of the Sarawakian population and the image of the state of Sarawak and Malaysia, contrary to the spirit of 1Malaysia.


Yours truly,

Adrian Banie Lasimbang
President
Jaringan Orang Asal SeMalaysia (JOAS)
Indigenous Peoples network of Malaysia
joasmalaysia@gmail.com

For more information please contact:

Nicholas Mujah
Sarawak Dayak Iban Association (SADIA)

Tel: 016-8946976
Email: sadiahq@gmail.com

Friday, 29 January 2010

NGOs upset with EU’s stand on disputed timber

PETALING JAYA: Indigenous groups are crying foul over the European Union’s readiness to sign a timber trade agreement with Malay-sia.

This was despite the continuous boycott of so-called multi-stakeholder consultations by various indigenous groups since March last year.

The groups, known as the Jaringan Orang Asal SeMalaysia and Jaringan Orang Asal dan NGO Tentang Isu-isu Hutan (JOANGOHutan), have rejected the requirement that defines the source of timber as legal based merely on existing laws.

They object to the fact that the definition ignores how logging licences have often been issued on land claimed by indigenous communities without their free, prior and informed consent.

On Monday, the adviser to the ministry on the negotiations, Datuk Dr Freezailah Che Yeom, said substantial progress on the negotiations has been made on the agreement known as the EU Forest Law Enforcement, Governance and Trade-Voluntary Partnership Agreement.

The Head of the EU delegation to Malaysia, Vincent Piket, said many technical details had been resolved but acknowledged that there remained “difficult issues” to be settled by July.

He also dismissed concerns that the non-participation of NGOs would derail the July deadline, pointing to a meeting between the NGOs and Plantation Industries and Commo­dities Minister Tan Sri Bernard Dompok at the end of last year.


http://thestar.com.my/news/story.asp?file=/2010/1/27/nation/5550007&sec=nation

Tuesday, 27 October 2009

Iban arrested on suspicion of 'masterminding' blockade

NEWS RELEASE

IBAN ARRESTED ON SUSPICION OF “MASTERMINDING” BLOCKADE



Kapit, Sarawak – Ondie anak Jugah, 55, an indigenous Dayak-Iban, has been arrested and remanded today on suspicion of ‘masterminding’ a blockade at Rh Umping Lepong in Balleh, Kapit. He was taken in by the police after three reports were made by the logging company, Melukun Sdn Bhd, who is logging in the longhouse community’s native land area. Nine people, including two women, were at the blockade when Ondie was arrested. The police indicate that he will be remanded for a night for investigation.



In the meantime, the longhouse community has reaffirmed their determination to continue their blockade.



The arrest is the latest in a series of arrests and detentions occurring as a result of the decades old conflict between Indigenous peoples and the logging and oil palm companies that have encroached onto their native territories. While Sarawak constitution and laws provide for the recognition of native land rights, weak government leadership and policy has led to the issuance of logging and oil palm permits in the same areas where indigenous peoples live.

Malaysian native leader detained over anti-logging

(AFP)

KUALA LUMPUR — Malaysian police said Saturday they had arrested a native leader who set up roadblocks in Borneo to stop a logging firm from encroaching on their ancestral land.

Ondie Jugah, 55, from the Iban indigenous group, was among a group of 10 people who have mounted a blockade since early this week in the interior of eastern Sarawak state, on Borneo island.

Police said Ondie was detained late Friday after he refused to remove the blockade, following complaints filed by the logging company.

"We directed him to open up the road but he refused, so we have to take him back to facilitate investigation," a senior police official from the local Kapit district, who did not want to be named, told AFP.

Police said Ondie was expected to be released later Saturday after questioning.

Ondie's son, Anthony, urged the police to release his father, saying they were merely protecting their home.

"They (the logging company) want to destroy our land and did not want to compensate us," the 29-year-old told AFP.

Nicholas Mujah, secretary general of indigenous rights group Sarawak Dayak Iban Association, condemned the arrest as a form of "harassment" of the vulnerable group and demanded the authorities respect native land rights.

The native Iban people are the largest indigenous group in Sarawak, making up almost half of the state's two million population. Other indigenous groups include Kenyah, Kayan and about 10,000 Penan people.

The Penan, some of whom are nomadic hunter-gatherers, have complained that their way of life is under threat from extensive logging of their traditional hunting grounds, as well as the spread of palm oil and timber plantations.

Copyright © 2009 AFP. All rights reserved

Thursday, 22 October 2009

Malaysia’s statement on Indigenous Issues at the UN GA 19 October

STATEMENT BY MR. ZAHlD RASTAM FIRST SECRETARY, PERMANENT MISSION OF MALAYSIA TO THE UNITED NATIONS ON AGENDA ITEM 66 (A): INDIGINEOUS ISSUES OF THE THIRD COMMITTEE OF THE 64TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY NEW YORK. 19 OCTOBER 215.09

Mr. Chairman,

On 13 September 2007, Malaysia joined 143 other countries which voted in favour of General Assembly Resolution 61J295 to adopt the United Nations Declaration on the Rights of lndigenous Peoples. The Declaration was significant in that the whole spectrum of individual and collective rights of indigenous peoples were recognised. The Declaration sets out the principles and standards to which all stakeholders should strive for. For Malaysia, ensuring the protection of the rights and the development of our indigenous populations has always been a national priority, and we have undertaken various efforts in this regard.

Mr. Chairman,

2. Malaysia agrees with the recommendation contained in the report to the General Assembly by the Special Rapporteur on the situation of human rights and fundamental freedoms, contained in document N64/338, for there to be greater coordination between his mandate, the Permanent Forum on Indigenous lssues and the expert mechanism on the rights of indigenous peoples. Such coordination would help to avoid duplication within the UN lndigenous lssues structure, and provide coherence to the roles and responsibilities of the Special Rapporteur, the Forum and the expert mechanism, and ensure effectiveness and efficiency.

3. Malaysia further agrees with the conclusion of the Special Rapporteur that the Declaration does not bestow a special or new set of rights, but contextualizes elaboration of general human right principles and rights as they relate to the circumstances of indigenous peoples. This concept is essential to ensure that the positive standards in the principles do not get lost in the discourse on the legal status of the document – a phenomenon that we increasingly observe.

4. These two points mentioned are increasingly significant in the context of recent developments. Malaysia values the Permanent Forum on lndigenous lssues as one means for indigenous peoples throughout the world to come together and have a unified voice at the international level. We also appreciate the work by the Member States and members of the Forum to bring understanding and cooperation between states and indigenous peoples. However, the cause of indigenous rights is not assisted with the defacto attempt by the Permanent Forum to change the legal understanding of the Declaration and its mandates through the issuance of a general comment at its Eighth Session in May this year. As a subsidiary organ of the Economic and Social Council, the basis of any new function for the Forum requires the consideration of the intergovernmental process of the ECOSOC, and the Forum cannot assume for itself a role as a treaty body – of which the Declaration itself is not a treaty nor legally-binding.

5. While the intention of the Forum in issuing this comment was noble, it has instead triggered debate on the credibility and the roles and responsibilities of the Forum, and this debate harms and delays the acceptance of the Declaration as a set of principles, ideals, and rights which all member states can fully accept and strive for.

Mr. Chairman,

6. At the national level, the status of indigenous people in Malaysia has been recognized since even before the time of our national independence. The Aboriginal People Act of 1954 was enacted to provide for the protection, well-being and advancement of the aboriginal people of West Malaysia. The legal recognition of indigenous peoples was enshrined in the Federal Constitution following independence in 1957 and later expanded to include the native peoples of the states of Sabah and Sarawak on the island of Borneo following the creation of Malaysia in 1963. The principle of non-discrimination on any basis is enshrined in our constitution and this also extends to our indigenous peoples. The most significant challenge which besets Malaysia is providing indigenous peoples with development while assisting them to safeguard their customs and cultures. Our policies and strategies thus focus on uplifting the status and quality of life of the indigenous community via socioeconomic programmes and giving priority to help them preserve their traditional cultural heritage.

Mr. Chairman,

7. Allow me to share some of the various measures undertaken to safeguard the rights of indigenous peoples in Malaysia, and these include the following:

7.1 Firstly, at the political level, the Federal Governmen1 appoints as Senators a representative from the Thai and Orang Asli communities respectively. At the local level, the headman of the indigenous group has the right to exercise his authority in matters of aboriginal custom and belief. Additionally, in the eastern states of Sabah and Sarawak, Native Courts have jurisdiction on matters of native law and
custom;

7.2 Secondly, education remains important to allow indigenous groups to overcome the challenges from modern and mainstream society while safeguarding their customs. In this regard, a modified curriculum has been introduced in Orang Asli, and in the Penan schools of Sarawak that takes into consideration the knowledge relevant to the indigenous groups and adopts indigenous pedagogy;

7.3 Thirdly, indigenous groups which prefer continuing a nomadic lifestyle are allowed to continue with their traditions. For both nomadic and settled indigenous groups, public services are provided through a number of ways. Amongst these are service centres in strategically located districts that provide essential basic services and facilities for the surrounding areas, education assistance, health and medical services through a Flying Doctors programme and mobile clinics, and agriculture extension services to assist in agricultural development. Infrastructure assistance for settled communities includes basic amenities, housing assistance programmes and road projects. Economic development includes agriculture and livestock projects and human capital development includes skills training and motivational programmes;

7.4 Fourthly, with regard to land rights, land rights for indigenous people are adequately protected under existing laws, including the right to compensation. State Governments in Malaysia, with support from the Federal Government, have gazetted various tracts of land for settled indigenous groups, as well as for semi-nomadic groups for hunting and gathering. Malaysian courts have also progressively recognized customary land rights; and

7.5 Finally, all efforts are undertaken to prevent indigenous peoples from being the subject of violence or exploitation. In this regard, an interagency committee has been established at the national level to investigate reports of alleged sexual harassment and abuse of indigenous women, involving various Federal Ministries, the relevant State Government, police and civil society. Our national human rights institution, SUHAKAM, also plays an important role in investigating and reporting of abuse.

Thank you.

Saturday, 19 September 2009

Sarawak Conservation Action Network (SCANE)

Sarawak Conservation Action Network (SCANE)



MEDIA STATEMENT



19 September 2009

Miri, Sarawak



On behalf of the Sarawak Conservation Action Network (SCANE), we protest strongly the baseless accusations of Deputy Chief Minister Datuk Patinggi Tan Sri Alfred Jabu anak Numpang that the signatures of the communities on the Murum Dam memorandum are false.



We invite the Deputy Chief Minister to point out which signatures are fake and we will produce the person who signed it. Furthermore, we invite the Deputy Chief Minister to actually visit the villages that are protesting the dam so he can understand the sentiment on the ground.



It is an insult to the Penan communities who have traveled very far to get to Kuching to meet with their elected leaders, when these leaders themselves are afraid to come out and receive the memorandum.



On the other hand, we take it as a positive sign that the Deputy Chief Minister had actually seen and read the memorandum to see the signatures. We therefore call upon him to listen to the concerns of the signatories that are listed in the memorandum.



In summary these concerns revolve around the dam flooding the villagers’ homes and because of the problems facing previous dam resettlement schemes (eg Bakun), the communities are informing the government they will not give their free, prior and informed consent to the dam at this time.



In the words of one of the Penan representatives Sui Along, “The government is only interested in knowing when we are going to move. They have not asked us if we agree to building the dam on our land.”



Until the Sarawak State Government engages effectively with the communities, there is no evidence that any consultation or consent process has taken place. We therefore call upon our elected leaders to support and listen to the voices of the communities.



Raymond Abin

Director

Sarawak Conservation Network